Patent legislation passes the Senate

Yesterday, the Senate overwhelmingly passed patent reform legislation in the form of the America Invents Act (95 to 5). However, as the New York Times points out, “the House is unlikely to take up a patent bill anytime soon, and people with an interest in the patent system say they expect its bill to be significantly different.” However, House Judiciary Chairman Lamer Smith issued a statement praising the Senate bill and saying he will introduce “similar” legislation. We will have to see what happens in the House and then in negotiation between the House and the Senate. So the final form of the legislation is still unclear — and its timing unknown.

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One thought on “Patent legislation passes the Senate”

  1. Who would have believed it — patent reform has finally passed in one chamber. Given the momentum this issue has right now, I’d expect that some version of the bill will likely pass in the House soon, too. As usual, however, the devil will be in the details; though I can’t imagine much opposition to the fee diversion and fee-setting authority provisions, the first-to-file and post-grant issues may prove somewhat thorny.

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